NC Constitutional Rights Act/Funds.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1150

Short Title: NC Constitutional Rights Act/Funds. (Public)
Sponsors: Representatives Rubin, Helfrich, Alston, and Lofton (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
May 4, 2026
*H1150-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROTECT THE CONSTITUTIONAL RIGHTS OF NORTH CAROLINIANS BY 2
PROVIDING THE RIGHT TO CIVIL RELIEF FOR VIOLATIONS OF FEDERA L 3
CONSTITUTIONAL RIGHT S AND TO APPROPRIATE FUNDS TO INFORM THE 4
PUBLIC ABOUT THIS PROTECTION. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. The General Statutes are amended by adding a new Chapter to read: 7
"Chapter 99F. 8
"North Carolina Constitutional Rights Act. 9
"§ 99F-1. Title; purpose; definitions. 10
(a) This Chapter shall be known and may be cited as the "North Carolina Constitutional 11
Rights Act." 12
(b) The General Assembly finds that: 13
(1) The people of North Carolina are entitled to the full protection of rights 14
guaranteed under the United States Constitution. 15
(2) Fully protecting these rights demands that violations of constitutional rights 16
be subject to a remedy at law. 17
(3) Although it provides such a remedy for state actors under 42 U.S.C. § 1983, 18
federal law provides no adequate or consistent remedy for violations of federal 19
constitutional rights by individuals acting under color of federal law. 20
(4) North Carolina courts, in contrast, have historically provided remedies for 21
injuries to state fundamental rights even where no statutory remedy exists. 22
(5) It is in the public interest for the State of North Carolina to provide a civil 23
cause of action to redress all deprivations of federal constitutional rights 24
within its jurisdiction. 25
(c) For the purposes of this Chapter, the term "under color of law" includes any actions 26
taken under the actual or apparent authority of any law, statute, regulation, custom, or usage of 27
any state, territory, or local government, or of the United States. 28
"§ 99F-2. Civil action for deprivation of federal constitutional rights. 29
(a) Any person within the jurisdiction of this State may bring a civil action against any 30
other person who, under color of law, subjects or causes to be subjected, any person within this 31
State to the deprivation of any rights, privileges, or immunities secu red by the United States 32
Constitution. 33
General Assembly Of North Carolina Session 2025
Page 2 House Bill 1150-First Edition
(b) An action commenced under this Chapter may be filed in any county permitted under 1
G.S. 1-82 or where the alleged violati on of a right secured by the United States Constitutio n 2
occurred. 3
(c) Relief under subsection (a) of this section may include any one or more of the 4
following remedies: 5
(1) Compensatory damages. 6
(2) Declaratory or injunctive relief. 7
(3) Reasonable attorneys' fees and costs to a prevailing plaintiff. 8
"§ 99F-3. Defenses; immunities. 9
A defendant in an action brought under this Chapter may raise any defense or immunity 10
available under federal law only to the same extent such defenses would apply in a cause of 11
action brought under 42 U.S.C. § 1983. 12
"§ 99F-4. Limitations. 13
An action under this Chapter must commence within three years after the cause of action 14
accrues. 15
"§ 99F-5. Statutory construction. 16
(a) Nothing in this Chapter shall be construed to do any of the following: 17
(1) Impair or limit any claim or remedy available under State or federal law. 18
(2) Authorize any cause of action against the State of North Carolina or its 19
agencies under this Chapter. 20
(3) Waive sovereign immunity for the State of North Carolina or local political 21
subdivisions of the State. 22
(b) The provi sions of this Chapter should be construed to vindicate its purpose of 23
allowing, to the full extent permissible in law, civil claims for violations of federal constitutional 24
rights. 25
(c) It is the General Assembly 's express intention that this Chapter extends specifically 26
to include claims "brought for a violation of the U nited States Constitution," as defined by the 27
Federal Tort Claims Act, as amended by the Westfall Act, 28 U.S.C. § 2679. 28
"§ 99F-6. Severability. 29
If any provision of this Chapter or its application is held invalid, the invalidity does not affect 30
other provisions or applications of this Chapter that can be given effect without the invalid 31
provision or application." 32
SECTION 2. Effective July 1, 2026, there is appropriated from the General Fund to 33
the Department of Justice the sum of one hundred fifty thousand dollars ($150,000) in 34
nonrecurring funds for the 2026 -2027 fiscal year to educate the public about their rights under 35
this act. 36
SECTION 3. Except as otherwise provided, this act becom es effective October 1, 37
2026, and applies to causes of actions occurring on or after that date. 38